Once a quarter, lines of students wind out of a few select doors along the Ave. Someone unfamiliar with student life might assume they're waiting for a double-tall mocha, or an order of phad Thai. Inside, though, a chorus of course numbers fills the air, and credit cards are swiped not for coffee, but for course packs.

However, what most students don't realize about this quarterly ritual is that the course packs could land several independent copy centers on the Ave. and a large number of UW professors in serious legal trouble.

Most of the material assembled for student course packs is copyrighted work. While the packs sold at the University Book Store and UW Copy Services are screened by the UW Copyright Permissions Center, those sold at stores like the Ave. Copy Center and Ram's Copy Center aren't likely to be subject to the same scrutiny.

"It is my belief that the [course packs] on the Ave. — many and possibly all of them — may not be going through a copyright permissions process," said Katie Folk-Way, assistant director of UW Publications Services, which includes the Copyright Permissions Center.

It is a common misconception that essays, excerpts from books and other such reading material can be freely copied and distributed for academic use. Copyright law does include a provision for fair use — circumstances under which copyright permission does not need to be acquired, including when it is copied for educational purposes. The provision, though, is anything but cut and dry.

"You have to go through this list of factors, and make a judgment on your part about whether you think you qualify," said Robert Gomulkiewicz , a UW law professor who specializes in copyright law.

These factors include how much and what kind of work is copied, among others.

"Generally, the most important factor is the effect of the copying on the market value of the underlying work," said Dan Laster, another UW law professor who specializes in copyright law. "If what is being done will really harm the copyright owner, the courts don't look kindly on that."

A 1991 lawsuit proved that copy shops are as liable as the professors who submit the work. In this particular case, Kinko's was fined over $500,000 for copying course packs and selling them to students at NYU and Columbia University.

The findings in this suit reflect just how vague the fair-use provision is. There were 12 instances of alleged copyright infringement filed against Kinko's, some for as little as a single chapter of a 400-page book. However, in all 12 instances, the findings reported the same simple, yet abstract conclusion: "The amount copied weighs against the defendant."

"This is where, historically, copy centers have tried to bury their heads in the sand," Laster said. "The way the statute works is the party who is actually making the copies is the direct actor, and therefore the direct infringer. The mere fact that you don't know that you're infringing is typically not a complete defense."

David Suldn, assistant manager at Ram's Copy Center, said the company does perform some checks for copyright permission, but because many of the course packs have, "all small articles from different sources," copyright permission often isn't required.

The manager at the Ave Copy Center refused to comment on the issue.

Legal issues aren't all the professors have to think about. There is also a question of ethics.

"The same professors that are using course packs and pirated articles on the Ave, without being cleared and without giving the copyright holders their due royalties, might also be authors," Folk-Way said. "It's just not right. Somebody wrote that, and that's their stuff you're stealing."

Some have mixed feelings about the issue.

"I feel torn both ways," said John Findlay, chair of the history department. "As someone who has produced copyrighted material, I have things out that get copied all the time, so I've got a foot in that camp. On the other hand, I've seen university presses in particular charge outrageous prices for their copyright."

Provost Phyllis Wise sent an e-mail to all UW faculty members last month, clarifying the University's stance on copyrights. She encouraged instructors to assemble their course packs through UW Copy Services, and pointed out the inherent risk in using an independent copy shop.

"If you use one of the off-campus services, you should confirm that it obtains necessary copyright clearances," she said in the e-mail. "If it does not, and a suit is filed for infringement ... the University will neither defend nor indemnify you."

Some faculty members who have used independent copy centers in the past now use and appreciate the services offered by the University.

"I go through the copy center because I know the Copyright Permissions Center will take care of the copyright so it's done right," said Jerry Baldasty, chair of the communication department.

Findlay echoed his sentiment.

"I try to go through the Copyright Permissions Center, and I think they're terrific," he said. "It costs more money, but I feel like that's the right thing to do."

Folk-Way pointed out that the higher cost of course packs at the U-Book Store and at UW Copy Services is simply a result of obtaining permissions.

"The cost per copy is less at our copy centers than the ones that are produced on the Ave," Folk-Way said. "We're not for profit; they're for profit on the Ave. What costs more are the royalty payments."

UW Copy Services is working with the University Libraries to help alleviate that cost, Folk-Way said.

The libraries have special library licensing agreements with many publishers, including Scientific American. Sometimes UW Copy Services requests permissions to use copyrights that the libraries are already paying for.

"We're trying to figure out ways to get the two databases to be able to talk to each other," Folk-Way said. "It's the right thing to do [because] it respects intellectual property. It's the ethical thing to do, but it's expensive. Any way we can find to bring those costs down for students is going to be beneficial."

Reach reporter Trevor Klein at news@thedaily.washington.edu.